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Programs in Technology Law



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Mobile Apps and the New FDA Guidance for Mobile Medical App Developers: What In-House Counsel Should Know

Program Number: 2404 Presenter: Jason D. Haislmaier, Esq.

The FDA recently issued final guidance for developers on the regulation of mobile medical software applications (“apps”). The final guidance ends a more than 2-year process intended to clarify the FDA’s regulation of mobile medical apps and pave the way for even greater adoption of mobile medical technology. In this program geared especially for in-house counsel, Jason Haislmaier reviews and deciphers what the final guidance means for mobile medical app developers, addressing what questions have been answered by the final guidance; what issues remain unresolved; and what new questions have emerged.

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Ethical and Practical Considerations of Using Technology-Assisted Review in Litigation

Program Number: 2359 Presenter: Irene Savanis Fiorentinos, Esq., David C. Kiernan, Esq.

Irene Fiorentinos and David Kiernan, members of Jones Day's E-Discovery Committee, discuss approaches for using technology-assisted review (TAR) to expedite electronic document review and production consistent with attorneys' ethical obligations, such as competence, confidentiality of client information and expediting of litigation embodied in Model Rules of Professional Conduct 1.1, 1.6 and 3.2, as well as judicial cooperation proclamations

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Mobile Applications: The Intellectual Property and Privacy Risks that all Lawyers Must Know to Protect their Clients from the Risks and Pitfalls in Developing and Managing Them

Program Number: 2352 Presenter: Aaron Tantleff, Esq.

In the second part of our series on Mobile Application development, Aaron Tantleff of Foley & Lardner LLP continues the discussion regarding the legal risks involved in developing, launching and managing mobile applications in 2013 and beyond, focusing on the privacy and intellectual property issues associated with the development, distribution and use of the mobile applications, including: • Real-life examples of privacy and intellectual property issues that put the mobile application at risk, and what can be done to prevent and mitigate the issues; • Privacy and review of data and information collected through mobile applications (e.g., personal data and geolocation) and how to think about the process; data-sharing agreements; data collection; and e-Discovery issues; • Enforcing trademark and copyright rights in secondary app stores and other enforcement strategies; • Understanding some of the hidden risks of mobile applications (including the App Stores themselves, use of Open Source, and third party services); and • Risks companies

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Technology Contracting-Strategies for Success: Tips Every Counsel Needs to Know (Part II)

Program Number: 2345 Presenter: Aaron Tantleff, Esq.

When drafting and negotiating technology-related contracts, the typical strategy is for vendors and suppliers to present standard pro-vendor form contracts, and for customers to rewrite them for pro-customer needs or to use pro-customer form contracts of their own. But these strategies are not always in the best interests of either party. In this two-part series especially for in-house and outside counsel involved in drafting and negotiating, on behalf of their companies and clients, technology-related contracts, Aaron Tantleff of Foley & Larder LLP provides explanations for typical provisions; strategies for negotiations; tips for avoiding common mistakes and road bumps in the negotiation process; and ways to best resolve some typical disputes. Part I (August 28, 2013 program date) covers: • Overview • Key Contract Provisions 1. Business Case 2. Parties 3. Vendor personnel 4. Project management 5. Specifications 6. License grant 7. License fees 8. Acceptance testing 9. Intellectual property 10. Warranties 11. Indemnities 12. Limitation of liability Part II (September 24, 2013 program date) covers: • Key Contract Provisions Continued 13.

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Technology Contracting-Strategies for Success: Tips Every Counsel Needs to Know (Part I)

Program Number: 2344 Presenter: Aaron Tantleff, Esq.

When drafting and negotiating technology-related contracts, the typical strategy is for vendors and suppliers to present standard pro-vendor form contracts, and for customers to rewrite them for pro-customer needs or to use pro-customer form contracts of their own. But these strategies are not always in the best interests of either party. In this two-part series especially for in-house and outside counsel involved in drafting and negotiating, on behalf of their companies and clients, technology-related contracts, Aaron Tantleff of Foley & Larder LLP provides explanations for typical provisions; strategies for negotiations; tips for avoiding common mistakes and road bumps in the negotiation process; and ways to best resolve some typical disputes. Part I (August 28, 2013 program date) covers: • Overview • Key Contract Provisions 1. Business Case 2. Parties 3. Vendor personnel 4. Project management 5. Specifications 6. License grant 7. License fees 8. Acceptance testing 9. Intellectual property 10. Warranties 11. Indemnities 12. Limitation of liability Part II (September 24, 2013 program date) covers: • Key Contract Provisions Continued 13.

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With Big Data Comes Big Questions and Big Problems: What Every Counsel Needs to Know

Program Number: 2334 Presenter: Aaron Tantleff, Esq.

By now, we've all heard of “Big Data,” but many in-house and outside attorneys still do not understand what Big Data is and how it affects their companies and clients and their respective customers. Big Data has the ability to analyze information and predict outcomes that were not possible before, but with this access to Big Data comes big responsibilities. Join Aaron Tantleff of Foley & Lardner LLP as he discusses and shares the legal and ethical risks involved in the collecting, storing, using and sharing of Big Data and the outcomes of its analysis. Topics include a look at Big Data; questions of whether it is legal and if so, is it ethical or acceptable; and exploration of the conflict between traditional privacy laws and Big Data.

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Mobile Applications: What All Lawyers Must Know to Protect their Clients from the Legal Risks and Pitfalls in Developing and Managing Them

Program Number: 2332 Presenter: Aaron Tantleff, Esq.

With the explosive growth of mobile applications, companies and their counsel are scrambling to keep pace with the myriad compatibility, privacy, licensing, and implementation issues that come with these types of applications. Join Aaron Tantleff of Foley & Lardner LLP as he discusses and shares the legal risks involved in developing, launching and managing mobile applications in 2013 and beyond, including: • Real-life examples of a mobile application program that spun out of control and what can be done to prevent and mitigate the issues; • Issues regarding data collected through applications (i.e., personal data and geolocation), and data-sharing agreements, data collection, and e-discovery issues; • Application store trademarks and copyrights; • Risks companies face regarding ownership, license agreements, developer agreements, transaction processing agreements, and bundling arrangements with carriers and device distributors; • Top factors delaying application launches; • The uncertainties that arise when creating a mobile application and the implications for other departments of a company;

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Demystifying Cloud Computing Contracts for Information Technology, Corporate and In-House Lawyers: Clear Skies Ahead

Program Number: 2331 Presenter: Matthew Karlyn, Esq. - Foley & Lardner, Aaron Tantleff, Esq.

Even as the understanding and prevalence of the Cloud continues to escalate and as companies continue to migrate data and services to the Cloud, counsel for many companies are still attempting to review contacts for cloud services as if they were software contracts or fail to understand and appreciate issues regarding security, performance, availability, disaster recovery and business continuity. In addition, many fail to properly appreciate the implementation process or the effort involved to move to another vendor and thus, fail to consider the costs of signing on and how it may lock the company in with the vendor as switching vendors may be cost prohibitive. Join Matt Karlyn and Aaron Tantleff of Foley & Lardner LLP as they discuss some of the more significant issues that arise during negotiations with cloud providers and how to effectively negotiate terms and mitigate risks.

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IP Due Diligence in M&A Transactions for IP and Transactional Counsel

Program Number: 2330 Presenter: Steven R. Cade, Esq., Christopher J. Rasmussen, Esq., Aaron Tantleff, Esq.

In M&A transactions, the results of a legal due diligence investigation can significantly impact the terms of the transaction and in some cases, whether the deal even moves forward. Proper intellectual property due diligence investigation may lead to the restructuring of a deal, change in the purchase price, reaching out to third parties or walking away from the deal. However, in many deals, the intellectual property assets are the only material assets or represent the key assets driving the deal, and unfortunately, all too often the documentation supporting a target's intellectual property assets (or lack thereof) are overlooked or not reviewed, because of the erroneous assumption that a target company outright owns all key intellectual property, and that such intellectual property will transfer automatically upon the close of the deal, or that any defects that may exist with respect to the intellectual property can be cured with standard representations,

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Litigation Holds and the Duty to Preserve-2013: Important Updates for Corporate Counsel and Litigators

Program Number: 2311 Presenter: Jeffrey Fowler, Esq.

Jeffrey Fowler, a partner at O’Melveny & Myers LLP and one of the country’s few full-time e-discovery litigators, covers recent developments in the legal duty to preserve evidence, including proposed new amendments to the Federal Rules and recent sanctions cases. He also provides practical tips for how to plan, execute and defend an effective preservation strategy.

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